The Penn's Grove record., 1887-04-23

behalf for the recovery of the damages
for which such common carrier may be
liable under the provisions of this act in
any district or circuit court of the
United States of competent jurisdiction;
but such person or persons shall not
have the right to pursue both of said
remedies. and must in each case elect
which one of the two methods of pro-
cedure herein provided for he or they
will adopt. In any such action brought
for the recovery of damages the court
before which the same shall be pending
may compel any director, officer, re-
ceiyer, trustee, or agent of the corpora
ton or company defendant in such suit
to attend, appear, and testify in such
case, and may compel the production of
the books and papers of such corpora
ton or company party to any such suit:
the claim that any such testimony Oh
evidence may tend to criminate the per-
son giving such evidence shall not ex-
cuse such witness from testIfying, but
such evidence or testimony shall not be
used against such person on the trial of
any criminal proceeding.
Sec. 10. That any common carrier
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whenever such common carrier is a cor
p0ration, any director or officer thereof,
or any receiver, trustee, lessee, agent,
OF person acting for or employed by
such corporation, who, alone OF with
any other corporation, company, person,
or arty, shall wilfully do or Il to be
done, or shall willingly suffer or permit
to be done, any act, matter, or thing in
this act prohibited or declared to be
unlawful, or who shall aid or abet
therein, or shall wilfully omit or ia. to
do any act, matter, or thing in this act
required to be done, or shall cause or
willingly suffer or permit any act,
matter, II thing so directed OF required
by this act to be done not TO he 50 done,
or shall aid or abet any such omis-
sion or failure, or shall be guilty of
any infrac ion of this act, or shall aid or
abet therein, shall be deemed guilty of
a misdemeanor, and shall, upon eonyic-
ton thereof in any district court of the
| United States within the jurisdiction of
which such offence was committed, be
subject to a fine not to exceed five thou
SAND dollars for each offence.
See. II. That a commission is hereby
created and established to be known as
the Interstate Commerce Commission,
which shall be composed of five Com
missioners, who shall be appointed by
the President, by and with the advice
and consent of the Senate. The Com
m~issioners first appointed under this act
| shall continue i'll office for the term of
two, three, four, five, and six years,
respectively, from the first day of JAN
uary, Ammo Domini, eighteen hundred
and eighty-seyen, the term of each to
be designated by the President; but
their successors shall be appointed for
terms of six years, except that any per-
son chosen to fill a vacancy shall be ap-
pointed only for the %uneXpired time of
the Commissioner whom he shall sue
coed. Any Commissioner may be re-
moved by the President for ineiiiciency,
neglect of duty, or malfeasance in office.
Not more than three of the Commits
sioners shall be appointed from the same
political party. No person in the employ
of or holding any official relation to any
| common carrier subject to the prOvis-
ions of this act, or owning stock or bonds
thereof, or who is in any manner pecu-
niarily interested therein, shall enter
upon the duties of or hold such Office.
Said Commissioners shall not engage in
any other business, vocation or employ
ment. No vacancy in the Commission
shall impair the right of the remaining
Commissioners to exercise all the pow
crs of the G mmission.
Sec. u. That the Commission hereby
created shall have authority to inquire
into the management of the business of
all common carriers subject to the pro-
visions of this act, and shall keep itself
informed us to the name and method
in which the same is conducted, and
shall have the right to obtain from such
common carriers full and complete in
formation necessary to enable the Com
mission TO perform the duties and carry
out the objects for which it wa created;
and for the purposes of this act the
Commission shall have power to require
the attendance and testimony of wit
nesscs and the production of all books,
papers, tariffs, contracts, agreements,
and documents relating to any matter
under investigation, and TO that end
may invoke the aid of any court of the
United States i'll requiring the attend
ance and testimony of witnesses and the
production of books, papers, and dOcu-
ments under the provisions of this Sec
ton.
And any of the circuit courts of the
United States within the jurisdiction of
which such Inquiry is carried on may,
in case of contumacy or refusal to obey
a sup9na issued t. any common carrier
subject to the provisions of this act, or
other person, issue an order requiring
such common carrier OF other person to
appear before said Commission land
produce books and papers if so ordered)
and give evidence touching the matter
IN question; and any failure to obey
such order of the court may be punished
by such court as a contempt thereof.
The claim that any such testimony OF
evidence may tend to criminate the per-
son giving such evidence shall not X
cuse such witness from testifying; but
such evidence or testimony shall not be
used against such person on the trial Of
any criminal proceeding.
Sec, ID. That any person, firm, cor
p0ratiOn, or association, or any merca--
tile, agricultural, or manufacturing
society, or any body, polite or municipal
organization complaining of anything
done or omitted to be done by any com
mon carrier subject TO the provisions Of
this act in c0ntravention of the provis-
ions thereof, may apply to said Com
m ssion by petition, which shall briefly
state the facts; whereupon a statement
of the charges thus made shall be for
warled by the Commission to such COM
mon carrier, who shall be called upon to-
satisfy the complaint or TO answer the
same in writing within a reasonable
time, to be specified by the Commission.
If such common carrier, within the
time specified, shall make r~eparation for
the injury alleged to have been done,
said carrier shall be relieved Of liability
TO the complainant only for the particu-
lar violation of law thus complained Of.
IL such carrier shall not satisfy the
complaint within the time specified, or
there shall appear to be any reas0nab e
ground for investigating said complaint,
it shall he the duty of the Commission
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